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Monday April 21, 2014 4:38 am                

Terms and Conditions

 

 

Terms and Conditions of Service

We ask that prior to using the Genealogyfreelancers.com web site that you carefully read the terms and conditions that have been set forth below. Terms given such as “Specialist”, “Seeker”, "You", "Your", "User", or "Users" refer to persons using or accessing our web site or our services for any purpose or reason. Terms referred to as "We", "Us", or "Our" applies to Genealogyfreelancers.com (or Genealogy Freelancers. com or Genealogyfreelancers). The Genealogyfreelancers.com web site is tendered to you on the provision of your acceptance of the conditions, restrictions, terms and notices contained here-in. We reserve the right to make modifications or amendments to these terms and conditions without notice, immediately effective, through an update of this posting. Your usage of the Genealogyfreelancers.com web site establishes your agreement to all terms, conditions, restrictions and notices. Note: For intention of this agreement, Users are classified as Service Seekers or Service Specialists, or Seekers or Freelancers, in regard to each.  

ELIGIBILITY FOR REQUIREMENTS

Genealogyfreelancers.com shall have absolute freedom and authority of decision as to whether or not it approves a particular applicant or site to take part in the service. Genealogyfreelancers.com's web site is accessible only to persons who can form legally binding contracts under applicable law. The services of this web site are not available to minors. Only one membership per business and/or individual is permissable. If Users do not fulfill requirements, they cannot legally use any of Genealogyfreelancers.com's services including, but not limited to, those that necessitate the User's capability to form legally binding contracts. 

REMOVAL FROM NETWORK

Genealogyfreelancers.com holds the right to terminate the inclusion of any member or site without reason but particularly including any member of the site that Genealogyfreelancers.com deems to be in violation of the Terms and Conditions.  It is a serious violation of your membership agreement and our terms and conditions to submit any offers or forward any bids outside of the Genealogy Freelancers system.  It is also a breach of our rules to promote your own business by name.  As such, we reserve the right to randomly monitor private message boards and all messages associated with any posted projects at any time.   In order to place an accurate bid, the bidder must possess a reasonable idea as to the scope of the project and is responsible for confirming, verifying or making inquires pertaining to the project details prior to making an offer.   A bid can be cancelled following acceptance of a project only if there is a valid unforeseeable reason.  Ill preparation or lack of preliminary investigation does not fall under said category.  Canceling a project under the guise of these reasons may cause forfeiture of commission fees paid.  All offers of work require a "cap" cost to be inserted into the bid amount box.  This cost must be appropriate to the specific project.  If it is deemed that a user consistently offers substantially lower costs than what is appropriate in an effort to circumvent commission fees, said user risks suspension and/or expulsion from Genealogy Freelancers.  All payments for all projects must be paid for via the Genealogy Freelancers payment gateway.  Inclusive to this rule are original bid descriptions in relation to original bid details as well as any and all extensions of said projects.  Should the scope of any project be mutually extended, it is the duty of each party to report this information to Genealogy Freelancers in advance of commencement.  If not reported, Genealogy Freelancers reserves the right to remove either or both parties from the network permanently. 

Those members in violation of Genealogyfreelancers.com's Terms and Conditions will be immediately terminated and made inactive. Genealogyfreelancers.com may deactivate members without prior notification. Members found to be in violation of the Terms and Conditions will not receive any credit or payment from Genealogyfreelancers.com. Members that are terminated by Genealogyfreelancers.com for any reason other than breach of these Terms and Conditions will be entitled to receive any payment due from Genealogyfreelancers.com.

DESCRIPTION OF SERVICES

Genealogyfreelancers.com offers an array of content, products, services, benefits, and other means on its Genealogyfreelancers.com web site of special interest to freelancers in the genealogy field and to allow freelancers to easily and cost effectively manage their careers and businesses. These services are for use entirely under a non-exclusive, non-transferable, and non-assignable license under these set forth terms and conditions of use. You do not have the right or authority to copy, sell, or otherwise exploit for any commercial purpose or reason the services or content (in total or in part), access to this service or use of this service. Genealogyfreelancers.com may include feedback to questions by Users of this service and/or articles written that include original content and opinions. The use of this content or links to this content is at the User's own risk. User understands and agrees to the following: Content provided at Genealogyfreelancers.com may relate to various subjects such as information pertaining to matters of a legal nature, financial nature, health nature, and other matters for which the content of is provided in an advisory character. This information is furnished solely for informational and general non-advisory purposes. If so inclined, Users should use their own means to confirm such information with a professional(s) in the appropriate field(s). All of the information that Genealogyfreelancers.com provides should not be considered to be professional, medical, legal, technical, or any other discipline-specific advice. Genealogyfreelancers.com is a dynamic time-sensitive web site. As such, the information on Genealogyfreelancers.com will be altered on a frequent basis. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Genealogyfreelancers.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. Genealogyfreelancers.com provides the unmonitored admittance to third-party content. Genealogyfreelancers.com acts only in the capacity of a venue and/or portal, and has no liability based on, or relating to, the third-party content on this Site, whether coming from under the laws of copyright or other intellectual property, libel, defamation, privacy, obscenity, or any other legal discipline. This web site may provide links to third-party web sites. Genealogyfreelancers.com does not control nor consistently review the web sites to which we link from and therefore; Genealogyfreelancers.com.  cannot and do not endorse the content, products, services, practices, policies, or performance of the web sites we link to from Genealogyfreelancers.com, and Users should not act towards any link as such an endorsement or acceptance of the value or accuracy. Genealogyfreelancers.com does not have the resources to nor does it endeavor to any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect and encourage that the User will take on the necessary activities and practices and will use caution and common sense when using Genealogyfreelancers.com for User's own benifit.   GenealogyFreelancers.com has no liability in the hiring of the specialists who provide the bid for any and all projects and expect the seeker to read the profile(s) of any such specialist that they are considering for hire prior to acceptance of the specialists service.  Genealogyfreelancers.com does not control, research, verify, or approve the content of the Specialist(s) profile and strongly advise that the Seeker(s) make selection by availing their own resources and by stringent review of the ratings that other Seekers have provided in regard to said Specialist(s).

PAYMENTS

All payments must go through the Genealogy Freelancers payment gateway.  Genealogyfreelancers.com will pay members in one of three ways.  If Paypal or AlertPay is selected; payment will be transferred to your account typically within 2 business days for those Specialists who qualify for immediate payment.  Once a Specialist has received at least 3 positive feedback ratings on at least 3 projects totaling at least 900.00 combined, they will have the option of withdrawing funds for any won project immediately or within 2 business days.  Until this status is achieved, project funds must stay in escrow until the project is complete and results have been forwarded to the project owner or a milestone schedule has been established and the project owner has agreed to release a portion of project's funds based on completion of a pre-established segment of the work.  Some exceptions are possible and we will review any requests to the contrary on a case-by-case basis.  This standard will be observed regardless of withdrawal method requested.  It is the Specialist's responsibility to confirm that either an escrow payment or direct payment has been credited to their account before releasing any portion of the project's results.  

Genealogyfreelancers.com will also mail cheques if the member requests it AND their request is equal to or greater than their account balance and/or a minimum of $1.00.  Payment will be forwarded within 2 business days (if applicable) and will be sent via regular post however, Genealogyfreelancers.com cannot predetermine the length of time in transit.  Bank wire transfers are also available if users request is equal to or greater than their account balance and/or a minimum of 30.00.  All amounts are provided in and all payments will be processed in US ($) funds. Genealogyfreelancers.com reserves the right to suspend a withdrawal should the source of the funds be suspected to be fraudulent. Any such funds received from an account having made a deposit that is fraudulent (e.g. stolen or misappropriated credit card) will immediately be reversed. If a withdrawal has been processed in a fraudulent payment situation, you will be expected to return the funds to your Genealogyfreelancers.com account immediately or face the termination of your account.


As previously stated, any member site that Genealogyfreelancers.com terminates from the service due to violation of the Terms and Conditions will receive no credit or payment. 

E-MAIL ADDRESSES

Members agree not to post their e-mail address on the site for any reason, with exception of in the "e-mail" field of the signup form, or when requested by Genealogyfreelancers.com at any other time. There should be no purpose to provide anyone with your e-mail address or any other personal means of identification. It is automatically provided if you choose a Service Specialist (or you are the Service Specialist chosen) for a project, and prior to that time you can make use of the message board (PMB) to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, skype, etc... See "Avoiding Commissions" below for the explanation.  

PROVIDING OF CONTACT INFORMATION

You are prohibited from making direct contact with another member, except when it is expressly related to the project you (a Service Specialist) have been chosen for, or you (a Service Seeker) have picked a Service Specialist for. This includes providing your e-mail address, ICQ number, phone number, or any other method of contact outside of this site prior to being selected for a project. Genealogyfreelancers.com provides you with message boards (PMB) for the purpose of contact, which should prove sufficient for pre-project planning.  Genealogy Freelancers also provides the opportunity to ask the project owner a question by email.  This email is forwarded through our system to the project owner; however we have the right to monitor these messages for violation of policy.  Members that connect via our site for purposes of exchanging work for pay will be notified or each other's private contact information after the project owner makes a selection and after the Specialist accepts the opportunity.

AVOIDANCE OF COMMISSIONS

You are stringently prohibited from an attempt to negotiate the fee for a project with any member directly (outside of Genealogyfreelancers.com) after any project has been created/opened and prior to that project having been closed (at any stage during an ongoing project). This also applies to any project that has been closed without a Service Specialist having been chosen, and then making contact with them about the project regardless of the closed status. Both parties are responsible for notifying Genealogyfreelancers.com if the payment amount increases (above the bid amount) after the project is closed. Receiving an amount in excess of the original project bid, without notifying Genealogyfreelancers.com, will be deemed an attempt to avoid the commission fees. Genealogyfreelancers.com always reviews each payment received for every project in order to verify that they match the original bid so that when a Service Specialist makes a request for withdrawal and the Service Specialist has neglected to notify the Genealogyfreelancers.com staff of a payment received over and above the amount of his/her bid (a total payment of above US$100), Genealogyfreelancers.com reserves the right to deduct at twice the fee for the amount that should have been reported. Opening an account with a new username does not relieve the obligation. We believe that Genealogyfreelancers.com commissions are extremely fair and are validated for the services we provide; therefore Genealogyfreelancers.com will in no way or manner abide by this behavior or activity.  As such we reserve the right to terminate one or both parties found to be in violation of this act.

COPYRIGHTS

No copyrighted material is allowed be posted on Genealogyfreelancers.com. This includes documents or articles which are sold by the author. Only posting sections, or excerpts of these items, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the article or documents contents. This is meant to protect the author's intellectual property rights.  Documents of a public nature, i.e. vital records older than 100 years are permitted as are public documents of immigration and census.  Other documentation shown to the selected Service Specialist in private communication (outside of Genealgyfreelancers.com web site) is at the discretion of the Service Seeker.All site content is Copyright of IRBO Inc., GenealogyFreelancers.com. The names, graphics and logos that identify GenealogyFreelancers.com or any third parties and their services and/or products are the proprietary marks of GenealogyFreelancers.com and/or third parties.
GenealogyFreelancers.com has made every reasonable attempt to satisfy requirements of the Copyright.
Should any matter concerning Copyright arise immediately contact GenealogyFreelancers.com.  GenealogyFreelancers.com will respond to any copyright inquiries within 48 working hours of written receipt of contact.
 

Use and reference of verbiage, photographs and graphic images:  Verbiage, art, photographs, sound and graphic images may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way. Use of verbiage, art, photographs, sound and graphic images on this website for any other purpose is emphatically prohibited and may result in severe legal penalties. Any infringement will be prosecuted to the maximum extent of the law. The permission above to view and or read verbiage, art, photographs, sound and graphic images does not include permission to copy the design elements, look and feel, or layout of this website. The verbiage, art, photographs, sound and graphic images of the website are protected by law, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted. 

LINKS: Links from the Genealogyfreelancers.com website do not endorse or imply an endorsement, nor does the voidance of any link imply a lack of endorsement. Links, if any, from the website of GenealogyFreelancers.com or third party links are provided only for the sake of information and convenience. GenealogyFreelancers.com cannot accept responsibility and/or liability for the sites linked to, or any information found there. 
 

Accuracy: GenealogyFreelancers.com has made all reasonable efforts to ensure that all information provided through the GenealogyFreelancers.com website is accurate at the time of inclusion. However, there may be inadvertent and occasional errors for which GenealogyFreelancers.com apologizes.  GenealogyFreelancers.com makes no representations or warranties about the information provided through this Website, including hypertext links.

USER CONTENT


User is solely liable for content or any other information User provides to Genealogyfreelancers.com. User understands and agrees completely to the following: Genealogyfreelancers.com acts only as a venue or portal for the online publication and distribution of User content. However, there are no warranties made or implied as to the actual distribution or publication of User content. Genealogyfreelancers.com has the absolute right (but are under no obligation) to take any measure deemed appropriate with regard to User content if it is considered that such content may create liability for Genealogyfreelancers.com, may harm our business reputation or operations, or cause Genealogyfreelancers.com to lose the services of our suppliers. User represents and warrants that User's content: (a) will not infringe upon, violate or misappropriate any copyright, trademark, patent, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include, false, incomplete or inaccurate information regarding User or any other person(s); and (f) will not contain any viruses or other computer programming routines that are intended to cause damage to, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. By submitting User content to Genealogyfreelancers.com (including, but not confined to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages via or to Genealogyfreelancers.com). You hereby grant to Genealogyfreelancers.com a worldwide, global, perpetual, irrevocable, royalty-free license to use, modify, copy, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of uncertainty, providing links to content hosted on servers other than that of Genealogyfreelancers.com (such as a portfolio of sample cases hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.  

USER RESTRICTIONS

Advertising Users are expressly prohibited from advertising your personal or commercial website on Genealogyfreelancers.com. Any URL posted in a bid, project description, or via the message board or email question to the project owner , must be in regard to a project on Genealogyfreelancers.com. A permissible URL example would be: Service Specialist portfolio or resume' page.

Bidding Service Specialists can only place bids that equal the total amount of funds ($ US) that they are requesting for the project. Hourly bids or any other type of bid are not permitted. This applies to Service Seekers as well. Service Seekers cannot create projects that directly or indirectly require Service Specialists to place hourly or other irregular type bids. The only exception, for both the Service Seekers and Service Specialists, is if the project is featured. See featured project information at page.

Seeker agrees that: Seeker will not redistribute any of the content on Genealogyfreelancers.com. Seeker will not use Seeker's Account to post false, dubious or misleading project descriptions. Seeker will not post project descriptions that are inappropriate to Genealogyfreelancers.com's audience, viewers, or visitors in the judgment and discretion of Genealogyfreelancers.com. Seeker agrees to pay featured project fee if project posted should have been posted as featured. Seeker will not falsify Seeker's own or any other identity. Seeker will comply with all Genealogyfreelancers.com's policies, rules and regulations.

 Freelancer agrees that: Freelancers are strictly forbidden to redistribute any of the content (information) on Genealogyfreelancers.com, including but not necessarily limited to private messages, documents, and support tickets. Freelancer will not falsify Freelancer's own or any other identity. Freelancer will comply with all Genealogyfreelancers.com policies, rules and regulations.

General Restrictions Users (Seekers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Genealogyfreelancers.com web site or the content contained therein without the expressed, prior written permission of Genealogyfreelancers.com. Users (Seekers and Freelancers) will not distribute "spam" (unsolicited commercial messages) through User's account. Users (Seekers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent to subvert them from using the services of Genealogyfreelancers.com. Users (Seekers and Freelancers) will not engage in personal attacks, negative or other unfair criticism and/or other forms of ill-mannered and unprofessional online conduct or practices. Users (Seekers and Freelancers) will not create multiple user accounts in an effort to avoid fees, suspension or negative ratings on Genealogyfreelancers.com.

DISPUTE RESOLUTION

In the event of a dispute concerning denial of payment and/or delivery of goods not as promised, Genealogy Freelancers will arbitrate as a third party entity; however we will base this arbitration on the following guidelines:

 

SEEKER RESPONSIBILITIES:

  •  The seeker has read the terms of use policy set forth by genealogyfreelancers.com. 
  • Seeker has retained copies of all written communications with chosen specialist
  • The seeker has accurately set forth the entire scope of the job; providing all details necessary to chosen specialist prior to commencement of said project.
  •  The seeker has relayed all realistic expectations prior to commencement of said project.
  • The seeker has set forth all terms in relation to the job and/or payment prior to commencement.
  • The seeker has paid for all aspects of the job via the Genealogy Freelancers payment gateway.  This includes any extensions in the scope of the project once the original project detail goals have been fulfilled.  If a seeker chooses to continue working with a specialist after the original cost has been exhausted then Genealogy Freelancers must be infomed of the planned continuation. 
  • The seeker must understand that there is the possibility of negative results; even as all pre-agreed upon methods have been exhausted

SPECIALIST RESPONSIBILITES:

  • Genealogy Freelancers will verify to the best of our ability claims of organization memberships, certification and/or accreditation credentials and or verifiable educational experience at the time of initial registration as a specialist with Genealogy Freelancers and as such, the date of this verification and the expiration date of your membership in the claimed organization will be made known.  It is the sole responsibility of the genealogy specialist to update their profile to include new or extension dates to their organization affiliations.  This update must take place within your user profile in addition to sending Genealogy Freelancers an email notifying us that a change to organizational status has been noted.

  • Specialist has read the terms of use policy set forth by genealogyfreelancers.com

  • Specialist has communicated in writing that there is the possibility of negative results.

  • Specialist has retained copies of all written communications with job owner

  • Specialist has set forth all terms in relation to the job and/or payment prior to commencement.

  • Specialist accurately set forth any and all variables relating to the job prior to commencement

  • Specialist must take responsibility to cite sources for the information provided with proof that these sources have physically been investigated.

    • In the case of positive findings; the specialist has provided proof that all, promised research has been performed in the form of :

      •  An archive or other repository stamp or verifiable receipt stating the date of such research
      • A copy of the LDS or other repository order form in the case of microfilmed material that provides the name of the researcher or business name of the specialist as the recipient of the order.
      • A written documentation of all sources utilized during the research
    • In the case of negative findings; the specialist has provided proof that all promised research has been performed in the form of:
      • A written documentation of all sources utilized during the attempt.
         

In the event of a dispute concerning unprincipled behavior, the following information and/or consequences will apply:

If a Freelancer receives a complaint before they have received three positive feedback ratings and if said complaint appears valid, then Genealogy Freelancers will enforce a mandatory suspension.  The consequence of a mandatory suspension includes: obligatory escrow payments only until three positive feedback ratings from three different project owners are secured on projects over the sum of $100.00 each.  No direct transfers or withdrawals of projects funds will be possible during this time.  Payments will be released for withdrawal immediately upon the satisfactory completion of each project as is indicated by either direct communication with said client and/or a positive feedback rating via the Genealogy Freelancers system.  
 
In instances of egregious performance by a Freelancer, Genealogy Freelancers will attempt to collect a refund and/or disperse any  balance in a Freelancer's account (whether attached to said project specifically or not) back to the Seeker if said Freelancers' behavior has been deemed unprincipled, however, there is no guarantee that a refund can or will be obtained.  Genealogy Freelancers does advise all Seekers to utilize the free escrow program when dealing with any Freelancers who have less than an 8 star rating and/or for any Freelancer who does not have at least 5 positive feedback ratings and/or for any Freelancer who has yet to acquire a rating through the Genealogy Freelancers feedback system.  The consequence of unethical behavior is indefinite and permanent expulsion from Genealogy Freelancers.   
 
In instances of egregious behavior by a Seeker, Genealogy Freelancers will attempt to collect payment on behalf of the Freelancer by whatever means available, however, there is no guarantee that Genealogy Freelancers will be successful in its attempts to secure the funds.  The result of unethical behavior on the part of the Seeker is indefinite and permanent expulsion from Genealogy Freelancers. Genealogy Freelancers does advise all Freelancers to utilize the free escrow program when dealing with a new client in order to ensure said funds are absolutely available upon satisfactory completion of any project.  If project funds are escrowed, and if the Seeker does not voluntarily release the funds upon satisfactory completion or if an issue arises with the projects outcome which causes the Seeker to not voluntarily release the project funds, then Genealogy Freelancers will arbitrate if requested and will base its final decision as to disbursement of the projects funds on all evidence submitted by either party.  

Although Genealogy Freelancers will attempt to arbitrate between Freelancers and a Seekers and/or act on behalf of a Freelancer or Seeker when appropriate, any and all disputes regarding arrangements made between Freelancers and Seekers remain solely between Seekers and Freelancers. We will become involved in any disputed transactions between you and any other users of Genealogy Freelancers  in an arbitrary capacity only.  If egregious behavior is displayed by either party at any time, Genealogy Freelancers will make an attempt to collect a refund on behalf of the Seeker or collect payment on behalf of a Freelancer as stated above however, there is no end result guarantee.  In cases of chargebacks, Genealogy Freelancers will use any and all means necessary in order to attain full compensation in any event or threat of any event.  You acknowledge and completely agree that Genealogyfreelancers.com will not be held accountable for the end result of any dispute or be obligated to take any particular action to resolve said dispute.  Should you have a dispute with any other users of the Site, you hereby release Genealogyfreelancers.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

 

NOTE:  Although membership or affiliation of a Freelancer to any known genealogical organization is admirable and shows a degree of good faith, the seeker should realize that this membership is not sole proof that such affiliation can be considered a measurement of the qualifications of the specialist and that Genealogy Freelancers can therefore, verify only to the best of their ability that such membership claims exist at the time of registration with Genealogy Freelancers..  It is not possible to verify the specialist’s complete history as a professional, nor is it possible to verify the methods that the particular organization uses to validate their members experience in the field.  Certification of a genealogist is a rigorous process and provides very sound security that the specialist has agreed to the ethics and principles set forth by the particular board that has provided this certification; however there is at present, no mandate that certification be acquired in the field of genealogy and does not negate the experience of those specialists that have no such accreditation as the process is a time consuming one and for some, this time factor is not always plausible in their present work schedule.  There are a multitude of very viable reasons for the lack of certification. Genealogy Freelancers does not condemn, nor judge this absence of such credentials; however we do verify, to the best of our ability, the claims to such declarations.  This same verification is attempted in regard to claims made of educational degrees or certificates earned in the field of family history.  

 

   


   

 




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